In order to win an asylum case, you have to prove that there is a reasonably possibility you will face harm in your home country. To do this, you need evidence. Evidence about any past harm, evidence of threats against you, evidence of country conditions, etc. One piece of evidence that can be helpful is a report from an expert witness. Here, we’ll discuss the different types of expert reports and how they can help your case.
First, let’s briefly examine the difference between a fact witness and an expert witness. A fact witness is someone who knows about some aspect of your case. For example, maybe your cousin saw the police arrest you from a political rally. Your cousin knows about one piece of your story, and she can write a letter explaining what she knows. She is a fact witness. An expert witness usually does not have any first-hand knowledge of your case. Rather, according to the Federal Rules of Evidence, an expert is someone with “with scientific, technical, or other specialized knowledge” who can “assist the trier of fact to understand the evidence or to determine a fact in issue.” For example, if you are a member of a small ethnic group that is persecuted by your home government, you might find a professor who has studied your group and who can write a report explaining how the government treats members of your ethnic group. The professor is an expert witness.
In terms of admitting expert testimony, the Federal Rules of Evidence are not binding in Immigration Court or at the Asylum Office, but they do provide useful guidance. To be admissible under the Federal Rules, expert testimony must meet three criteria: (1) It must be relevant, meaning it will “assist the trier of fact to understand the evidence or to determine a fact in issue;” (2) The expert witness must be “qualified as an expert by knowledge, skill, experience, training, or education;” and (3) The expert’s testimony must be reliable, in that it “is based upon sufficient facts or data… is the product of reliable principles and methods, and [the expert] witness has applied the principles and methods reliably to the facts of the case.” The standard for admitting evidence in immigration proceedings is more liberal: The “sole test for admission of evidence is whether the evidence is probative and its admission is fundamentally fair.” Nevertheless, by following the guidance from the Federal Rules, you can help ensure that any expert testimony is given maximum credence by the fact finder.
Expert testimony is usually submitted in writing, in the form of an expert report. Accompanying the report is the expert’s CV or a statement of qualifications. It is also helpful to list instances where the expert has previously been recognized as an expert witness by other courts. Experts witnesses sometimes come to court to testify (or testify by telephone).
Expert testimony can be used to support different aspects of an asylum claim. Probably the most common expert report we use is a forensic medical or dental exam. In these reports, the doctor or dentist examines an asylum applicant’s injury to determine whether that injury is consistent with the applicant’s description of what happened. For example, we once had a client who was stabbed in the arm by members of the Taliban. He had a large scar running the length of his forearm. Of course, no medical expert can determine whether the injury was caused by the Taliban. But the expert can opine about whether the scar is consistent with a knife wound. Some experts can also discuss the approximate age of a scar based on its appearance. To create a report, the client would normally need to appear for an in-person examination and give a written description of the incident to the doctor. For this reason, we try to complete the client’s affidavit (or at least the relevant portion of the affidavit) before he goes to see the doctor. That way, he has a description of the incident to bring with him to the exam.
A subset of the forensic medical exams is an evaluation of female genital mutilation/cutting (“FGM/C”). Victims of FGM/C are often able to obtain asylum, and such exams are crucial to these cases. The World Health Organization has categorized FGM/C, and it is helpful for the doctor to explain what category the client’s FGM/C fits into.
Another common type of report that we see are mental health evaluations. These are created by psychologists or other mental health professionals to evaluate the psychological harm (such as post traumatic stress disorder) caused by persecution or the threat of persecution. Sometimes, these reports are generated during the course of treatment; other times, the client visits the mental health professional one or two times and obtains an evaluation for purposes of the asylum case. I tend to prefer the reports created by a treating professional, but in many cases, asylum applicants do not have access to health insurance and cannot afford treatment. In such cases, it may be possible to obtain a pro bono evaluation, which the client can use to bolster her asylum claim. We also use these reports to try to expedite asylum cases. For example, if the report indicates that the applicant’s mental health is being harmed by the long wait, we can sometimes convince the Asylum Office or the court to expedite the person’s case.
Country condition experts can also assist with asylum cases. In my own practice, I use such experts only rarely, as most of the information we need can be found on-line in human rights reports or news articles. However, in specialized situations, a country condition expert can be critical. For instance, an expert can help establish that a person belongs to a particular social group by showing that the society in question recognizes that social group as a distinct entity. Another example is where an expert is needed to interpret a foreign law, such as whether an adoption is legally valid.
In short, there are many ways that experts can help bolster an asylum case. A good starting point for identifying experts and utilizing them effectively is the asylum expert handbook created by Professor Deborah M. Weissman and her students at UNC Chapel Hill Law School. Other helpful resources include the expert data base at the Center for Gender & Refugee Studies at UC Hastings Law School and the country condition expert list from the Rights in Exile Programme. Some experts on these lists work pro bono; others charge a fee.
Not all asylum cases need testimony from an expert witness (indeed, most of my own cases do not), but where it is needed, it can make the difference between a denial and a grant.
Dear Jason,
Thanks for your help. My asylum case is pending decision for almost a year after my interview. I sought assistance from Ombudsman Office and the response they got is that my case is “under active supervisory review.” Should i expect a decision soon? If I do a mandamus lawsuit, will this make the supervisor take an unfavorable decision against me?
Thanks
The message you got seems meaningless to me, and does not tell you whether you will get a decision soon (at least I don’t think so). A mandamus should not effect the outcome. However, my understanding is that if they cannot complete the security background check, they could deny the case and send you to court. That may still be better than waiting forever in limbo while the deal with the background check. Before you do a mandamus, you can always try to follow up with the asylum office to ask them, or maybe the Ombudsman again. Take care, Jason
Dear Jason,
Thanks for the information you are sharing with us. I got a question about expert witness report. What the best time to apply this report in asylum case- before interview in asylum office or once the case moved on to the immigration court?
Thanks in advance.
Roman
If you plan to do this, or think you need it, probably you should submit it at the asylum office. Better to win there and avoid the delay, stress, and expense of court. Take care, Jason
Thanks a lot for your answer, Jason!
Stay safe.
Roman
Good evening Mr.Jason,
My court case is still pending. My son is here in the USA under f1 visa and has been enrolled in collage since last year. My question is , Is it okay if he applies for DV lottery ? considering he is included in my asylum application & having F1 visa. He is 19 yrs old.
Thank you for your help!
That should be fine. As long as he remains in valid F-1 status, if he wins the lottery, he can probably get his GC in the US. If he is in court, that probably means that he is out of status and so would likely not be able to get the GC in the US. If he wins the lottery, talk to a lawyer to figure it out. I wrote more about this issue on October 5, 2015. Take care, Jason
I have filled in SFO location. No, i did not expedite the court date. I had around 9 months after master hearing.
Thanks vee it’s good to know
Hi! Howz current situation at SFO? Are interviews are happening per LIFO? Can you please provide approx timeline for: When Applied, Interview, Master & then Individual hearing….
Gm Jason!
Uscis just text me to check my case status and this what I found “We reached a decision on your application. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what to do next”. Is that a good sign? Usually, people said the good is when the status said your EAD is approved. Anybody can help too because I am extremely nervous now.
USCIS seems to have stopped publishing info about the asylum clock, and that was one way people tried to determine the outcome of the case (in my opinion, that is not a 100% accurate way to know the outcome). Now, I do not know if there is a way to know. I guess if it says a new EAD card is being produced, that may be a good sign. However, you cannot know for sure until you receive the decision. Good luck, Jason
Hi Jason,
Thanks for your effort, I applied for N400 6 months ago I didn’t receive biometric notes, 2 months ago I applied for travel document shortly they used my old biometric just for travel document and still no any progress on N 400, do you have any explain for this.
Thank you
Biometric appointments are very slow due to the pandemic. As long as you received the receipt, you should be fine. Take care, Jason
Hi Seeker,
Keep checking your case status. The sequence varies. Some people start with decision mailed then fees waived. Would you mind sharing your asylum office?
Ok thanks for that. My office is Chicago. Thanks!
Hi Jason, thank you for all your contributions to asylum community. I have a question. My asylum case is referred to court. If I move from state A to state B and submit a change of address, will my case automatically move to state B? Or do I have to fill out another form to move my case to state B?
You are required to file the change of address if you move (form EOIR-33). However that will not automatically move your case. Some judges will move it, and sometimes DHS (the prosecutor) will ask to move the case. Otherwise, you need to file a motion to change venue to move the case. Usually, the judge will grant that, but it may depend on the judge and the case. Take care, Jason
Hi Jason!
I applied for I-765 at September 23, and got the notice I-797C that my EAD is approved at October 1. My EAD expires December 18, and I am wondering whether I am qualified for the automatic (180 days) extension?
I have read https://www.uscis.gov/i-9-central/form-i-9-related-news/employment-authorization-document-ead-delays-due-to-covid-19
And also https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances
Asyleero, if your EAD application is approved, why do you need an extension on your current EAD? By “approved”, did you mean to say “accepted” by USCIS?
Hello!
Yes, it was accepted by the USCIS, and they send me the notice about it. The reason I worry is that because the first link I gave in my previous post states, “For the notice to be acceptable, it must include a Notice Date from Dec. 1, 2019, through and including Aug. 20, 2020, and indicate that USCIS has approved the employee’s Form I-765, Application for Employment Authorization.”
If I filed for those documents in September, am I eligible for the auto-extension or not?
Those dates are for something else. If you filed to renew your EAD before the old EAD card expired, you get the automatic 180 day extension. Take care, Jason
I guess I do not understand. If you received a new EAD, it should be good for two years (assuming it is based on asylum pending). For certain categories of renewal (including c-8), you do get the 180 day extension if you file to renew before your old card expires. Take care, Jason
Hello Jason,
I forgot to mention on my earlier post.
What are the steps to follow after getting your asylum application approved from the court?
How to obtain New I94 and updated SSN?
Thank you so much.
Hi vee
I’m just wondering what state you fought your asylum case in? And I realized that your court went so quick, did you expedite? Thanks to you
Congratulations and thank you for sharing the good news. I did a post about what happens when asylum was granted, and that provides the info you need to get the I-94 and new EAD. Once you have the new EAD, you can contact the SS office to get the unrestricted card (you can probably do that now, but it may easier once you have the EAD). The post was on May 16, 2018. Take care, Jason
Hello Jason,
I just contacted USCIS today for a I-94 request. They have given next week appointment. Do they give I-94 same day? Also, Do I need to do a separate I-94 request for my husband. I am the primary applicant and he is dependent(Spouse). And also, how do we get the new EAD.
Thank you so much.
I would see what happens – hopefully, you will each get an I-94 based on this appointment. For the EAD, you can file form I-765. The EAD should have been sent automatically, so you may want to call USCIS to see if there is an issue with that: 800-375-5283 (maybe you can also ask the asylum office about this). If they are not sending it, you will need to apply for it. Take care, Jason
Hello Everyone,
First of all, I want to express my deep gratitude to Jason for his inspiring words and support all the time. His blog and responses on the queries was a big support on this journey. I want to share my timeline as:
Applied Asylum=Oct 2018
Interviewed=Sep 2019
Refer to Court=Oct 2019
Individual Hearing=Oct 2020=Case Approved
Never loose hope and there is light on other side of tunnel.
Best Wishes everyone!!
Congrats Vee! Thats fast !vWhich was your office?
Hello Jason,
USCIS allows us to apply for EAD renewal 180 days before the current card expires. However, some people wait till 120 days prior to the expiration to apply to make sure USCIS won’t considered it as “early”. What is your advice on this? Should we apply within the 180-day or 120-day interval? Thank you so much for your answer!
We often apply not long after the 180 day mark (maybe a day or two) and we have not had any problems. I do not think you need to wait until 120 days. Take care, Jason
Hello Jason
I applied for expedite interview (medical reason) week ago in Chicago office.
Do you know how long it will take to receive response from office?
Will they inform me and lawyer or just him with decision.
Thank you
It can take several weeks. I would say if there is no news in a month, send a follow up email. I think they will inform whoever submitted the request, and they will probably not inform you both. Take care, Jason
FDFD,
I requested expedite (medical reason) too around Nov 2018, They(Chicago) accepted and called me for the interview on March 20 something 2019. Waiting since then. Was told 2 weeks to 6 months to receive the decision but there was an additional step they wanted my child to repeat the fingerprint one week later. I am not sure if this pushed me back on the waiting cases.
Let me know if you get your decision sooner.
Hi, I just want to share some of my personal
Experience with my fellow asylumist colleagues here for your refrence and also to take some information from Jason. I am a per resident based on asylee, I had an emergency which was life and death situation in the COP. So I decided to take a chance and went to it. Spent about a week and half and returned back to the US. On arrival in the US, the CBP questioned me and took me to secondary, after speaking to a supervisor they let me in without any problem. I am due for citizenship in an year and half now, I just wanted to ask jason, how will this effect my application for naturalization? I would appreciate any help/ personal experience by my fellow Asylees!
Thank you
Thank you for sharing this. On the N-400, you have to list all countries you visited, and so you need to list the COP. You should be prepared to explain why you went back, and hopefully have some evidence about that. We have had clients do this, and no one has yet been blocked from citizenship. Nevertheless, you should be prepared to explain. I wrote more about this point on January 6, 2016. Take care, Jason
Can you please share your green card application timeline and where you applied ?
Just curious, did you travel to your COP on a direct flight from the US or you went through a third country? Did you have stamps of your COP in your passport/travel document?
Hello. My family reached united states last week. As from Asylum holder family, all family members were given i94 cards on airport by stamped for Authorised to work in USA. My Question is that when they will receive EAD Cards?
You arrived at the airport / border and they received asylum just like that ? How is that even possible
Maybe he or she meant that they entered the country with a immigrant visa for a approved I-730 case & they got admitted as derivative Asylees. So I assume she’s asking when or if they will be receiving EAD cards automatically? I may be wrong, Jason will advise.
I was assuming it was based on an approved I-730 petition, meaning the principal applicant got asylum and now his/her family has arrived in the US based on the prior asylum approval. Take care, Jason
Before coronavirus, they would arrive in a few weeks or months, but now, it is hard to predict. As long as they completed the form I-765 at some point, they should get them. You can always call USCIS at 800-375-5283 to make sure they are being processed. Also, a person with asylum is eligible to work even without the EAD, but most employers and DMVs do not seem to understand that. Take care, Jason
Anyone who apply for green card in Texas Service Center and approved ? I’m still waiting two years
We have had people approved there many times, but long waits are common, and I have nothing positive to say about the TSC. Take care, Jason
Hi. I am an Asylee and waiting for my GC. My family joined me on i730 approval here in Texas. My problem is that Texas state have no good rules for low income people, do not have expanded Medicaid and have to pay much co payment on medical payments. I want to move to any Asylee friendly/ best state for low income families. Kindly share me names of some good states. Thank you.
Texas is a sh*thole red state . They hate immigrants , they’re Texas processing Center is deliberately causing a backlog on Asylee green cards and they are not approving anyone , just for the sake of torture . If not look at everyone stuck there versus other processing centers, their asylum office has high denial rate and it is hot as balls . You will be better even in Alabama .
I do not know about that, but I did a post on September 22, 2016 with links to immigration non-profits in different states. If you contact them, they may know about health benefits. Also, if you move, do not forget to file a change of address, form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
Thank you for all work you have done for us. I have a question for all asylumist community with pending asylum cases. Usually, when I check my online case status, it states a pending number of days and describes if my asylum clock is still running. That message was 1 page long and consisted of 3-4 paragraphs. Now, my online case status pops up below a short notice without any reference to asylum clock and number of pending days:
“The next step in your application is an in-person interview. Once we have scheduled your interview, you will receive an interview notice in the mail. If you move, within 10 days of moving you must update your mailing address, online or on paper, at http://www.uscis.gov/addresschange.”
I wonder if this message is standard for all pending asylum cases or it means my asylum clock is not running, and they will assign the interview shortly. I would be happy if you check your status at https://egov.uscis.gov/casestatus and reply if you see something different.
I think this is happening to a lot of people, and my guess it is related to changes with the clock in terms of the waiting period for an EAD and a lawsuit trying to stop those changes. Once things settle down, hopefully, they will post that info again. Take care, Jason
Hello Jason,
I’m planning to shift from Texas Service Center (TSC) state to a Nebraska Service Center (NSC) state in December. However, my I-485 is due in the end of this month. So, if I apply now for I-485 to TSC and move to a state that comes under NSC, will my case also shift to NSC?? Thanks in advance.
I am not sure that they would transfer the case to a different service center if you move – if you are interviewed, it will be in your local field office, but I do not know that they move a case to a different service center when the person moves. If you think Nebraska is faster than Texas, maybe wait until you move to file the case, but I do not have a lot of confidence in the processing times at the different service centers, especially since USCIS moves cases around depending on their work load, and you cannot rely on a case remaining at the service center with jurisdiction over your place of residence. Take care, Jason
Jason, if I am not mistaken, I think I mentioned before that asylum-based I-485 applications are generally processed at either Nebraska Service Center (NSC) or Texas Service Center (TSC), and the applicant does not have an option as to where the I-485 application finally ends up for processing. Changing your address because you want your I-485 processed faster or end up at NSC, while understandable, is not a wise move as you don’t have any control over which of the 2 centers will ultimately get your application. The application is usually received by a USCIS center or lockbox, based on the courier service, etc., and then sent off to a service center for processing (either TSC/NSC). The only think you can control is what lockbox or center (not NSC nor TSC) receives the application from USPS or the courier service.
That makes sense. A lot of this is completely out of the applicant’s (or the lawyer’s) control. Take care, Jason
Thank you Jason and Jamie for your advice and guidance.
There is absolutely no way you can transfer service centers once you apply. I called USCIS Myself . They cannot do that. Once your case enters a center it is stuck there
Thank you Larisa for your response and caution.
Hello Mr. Dzubow,
We were granted asylum in 2018 and sent our I-485 forms in December 2019 and gave fingerprints a month after submitting the application.
Because know that the application can take long to get approved we did not have the medical exam at the time of the application. A family friend said that his friend who applied for permanent residency in November or December 2019 just received his green card. He sent the I-639 form with his I-485.
It’s been almost 10 months since we sent our application and the Historical Process Times on the USCIS shows around 15-16 months for I-485 applications, so we are getting close.
Should we wait to get an RFE for medical examinations or is it OK (and would it be beneficial) to have the medical examinations completed and sent in 1-2 weeks?
Thanks
The medical exam is only valid for a limited time before you submit it, so I would not do it now. USCIS will request it from you – either by mail or at an interview. I would wait for that. I do not think it will make the case any faster to send it in without asking, and there is some question about whether it will get lost if you do that. Also, in terms of wait times, I think the processing times on http://www.uscis.gov are 1 to 3 years, and we have seen most cases take between 1.5 and 2 years. Take care, Jason
Hi Jason,
Could you share your thoughts with me on my case?
In 2013 I came to the US on a visa, In 2014 I applied for Asylum based on persecution and fear from my home country.
In 2018 I got married to a USC. My wife and I had an interview in Feb 2019 and after waiting for about 20 months after the interview, we got a home site visit by two USCIS officers in 9am in the morning. The whole thing went really well as we are real couples and our marriage is bona fide. The officer said that we look like a genuine couple and based on his assessment, he believes us and he will report back his site visit report to the main officer and we should hear something in few weeks. Three weeks after the home site visit, we got approved and last week I got my 10 years GC.
Since 2014 things has changed in my home country and I would like to travel back home next year with my wife so she can meet my family. I still have a little bit fear but as I said things have changed. I got my GC based on marriage not asylum, do you think USCIS will give me hard time and ask questions about me going back to my home country when I applied for citizenship in 3 years? What are your thoughts? Do you think a good explanation will satisfy USCIS when I applied for citizenship?
Thanks a lot!
I apologize, I forgot to also mention that the main USCIS officer who interviewed us in Feb 2019 called our lawyer to ask me withdraw my asylum case so she can approve us. Our lawyer sent a withdrawal request form; asking the officer that I wish to withdraw my asylum case and I signed it. Will I get a notice of withdrawal from the asylum office or USCIS who handled our marriage case? If I won’t received anything from them in the next few months, Should I contact the asylum office to notify them that I no longer seek asylum?
They should send a notice that the case is withdrawn. Sometimes, this takes a long time (why, I do not know). You can contact the asylum office to follow up – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I did a post about this on January 6, 2016 – maybe that would help. I have had clients do that without a problem, but you should be prepared to explain why you went and how you stayed safe, in case you are asked. See that post for more details on those points. Even if you got the GC based on marriage, it does not erase the fact that you applied for asylum, and if returning home causes the US government to suspect the asylum case was fake, that could cause problems. And so you should be able to explain the trip. Take care, Jason
Jason, great response! I would also add that A.I.Q’s assessment of the changed country condition is not necessarily that of USCIS or of his fellow country men who are currently applying for asylum. Unless A.I.Q is the only person from his country of origin who applied for asylum, s/he must bear in mind that other applicants, and their lawyers, are digging for reports on country conditions that may counter A.I.Q’s assessment of the change. It may also call into question A.I.Q’s credibility. Besides, unless there is a change in government, or a removal and discontinuation of a law that proscribed your immutable characteristic or group, it would be difficult to prove that things have substantially changed in 1 year (you claimed that you came in 2013 and then applied in 2014) to the point where you are safe vacation. Furthermore, A.I.Q should be careful not to compound the credibility issue by mentioning that s/he applied for asylum in 2014 even though things were changing or did change in 2014.
In any event, a GC holder- one who either adjusted based on asylum or one who was once an asylum applicant but adjusted status using a route different than the asylee route-should have less of an issue with INFREQUENT travel back to his home country/COP. S/he must be prepared to show (preferably with actual country reports that show changed country condition to the extent that the threat is no longer present) how s/he was able to stay safe in the COP if the question comes up in the citizenship interview.
I agree with all this. I would add that we have had clients go home for various reasons (mostly good reasons) and no one has ever had a major problem. Some have been questioned about their travel (at the border and during the N-400 interview), but no one has yet been blocked. It certainly is possible, though, and I have seen cases where USCIS seeks to terminate asylum (though I do not recall such a case based on return travel), so it is best to be cautious. Take care, Jason
Hi Jason,
I filed for GC, EAD, and travel documents combined based on asylum. I submitted my application with my wife as a dependent. We currently live in Ohio and sent our application forms to Pheonix. I was hoping that the service center to process our case in Nebraska, but for some reason, the receipt notice shows that our cases are all processed at the National Benefit Center. A couple of questions, please…
1) On the USCIS website, I cannot see the timeline for green card processing for the National benefit Center. Can you please tell me your experience in terms of the timeline for green card approval based on asylum at this center?
2) Have you ever seen a situation like this, where a green card based on asylum is processed at the National Benefit center, rather than usual Nebraska or texas?
3) Is it because we submitted GC with EAD and travel documents concurrently? My friend sent his form the same day (only GC), and his application was forwarded to Nebraska.
Thanks for your usual help.
Hi Jason,
Just to follow up on my question. I checked on the USCIS and it states
“Note:
If the “USCIS Office” is the National Benefits Center (NBC) and you have filed an employment-based or family-based Form I-485, Form N-400, or Form N-600, you should check processing times for your local field office.”
I am surprised that our case, based on asylum, is processed in this office. Our notice arrived and it clearly states “Attention: I-485 Asylum/Refugee”. So there is no mistake on their side. I am surprised that they processed our case in this office. Your thoughts will be appreciated.
I do not know why the case would be at the NBC. However, it is common for USCIS to move cases around depending on their workload, and it is as likely to be for that reason as it is because you filed for the EAD and RTD. I guess you can check the processing times at your local field office and at the Nebraska Service Center. These processing times are not particularly accurate and they often change, and so you can only rely on them for so much. Since the case is filed, you should eventually receive your GC. We are seeing that take maybe 1.5 or 2 years for our asylee clients. Take care, Jason
Hi Jason, I have a question about advance parole. I need to go to another country to a specific medical clinic. Based on my country I need visa to go there. If I get advanced parole – do I still need to get that visa?
I presume to. The AP only allows you to return to the US; it does not act like a passport. Sometimes, though, if you have AP, it may be easier to get a visa in the third country, since they see you have the right to return to the US. Take care, Jason
Jason, thanks for all the help.
So this is kind of interesting I don’t know if anyone of you has experienced something like this. I was expecting to recive my application acceptance notice by yesterday the 15th of October. I did not receive the notice by mail and out of curiosity, I decided to submit a request as my online status shows that I should submit a request if the notice is not received by the 15th. I guess the delay is due to all the mess with USPS. In the online request form I selected form I-485. And for sub section I chose “filing after 1 year of asylum approval”, when I tried to submit, it states that the sub section selected is wrong for the case number MSC21xxxx… I tried several times and got the some error. Out of curiosity, I decided to select a different sub category, so I chose family adjusted and it was submitted successfully. This is surprising—as I filed based on asylum. I did file alongside my wife which might explain the reason why they place my application in the family adjustment category. Second, the ID number starting with MSC is the national benefit center—-normally my application should have been with Nebraska, since am from Ohio. To those who recently filed in Nebraska, please can you share your first three letters of your case number (mine is MSC). And has Jason or anyone experienced something like this? That they filed based on asylum an they were place under family adjustment category?
Jason, what can be done if in case the green is produced under the worn category? Could it affect my naturalisation application?
The online system is pretty quirky, and so while I have not seen this, I doubt it is a cause for concern. I suppose you can call USCIS (800-375-5283) to try to check whether the case is under the correct category (and maybe check your I-485 to make sure you checked the correct box for asylees). Otherwise, there is not much to do, and my guess is that this is fine. If the card is wrong when you get it, I think there is a procedure to correct it. Take care, Jason
Hi Jason,
Hope your doing good..
I think you remember me last week we discussed. I was applied my I-485 in July 2020 and last week when i check my case status in uscis online account it shows the New card being produced and today i received my Green Card
https://www.asylumist.com/2020/10/07/what-to-do-if-you-are-stopped-by-ice/
Thanks,
John
Great news – Congratulations! And thank you for sharing. Take care, Jason
WOW, congrats on your green card John. Did you apply based on Asylum? Also, which service center processed your application? And did you send your medicals along with your application or you waited for RFE? and did you go for fingerprint or your old prints were used? It’s interesting that they approved your case in three months. Almost unprecedented.
Thanks for your responses.
ASYLEE
Yes I applied based on Asylum , and I sent my medical along with my I-485, hum last month I went for biometric and my case was there in Nebraska. This all credit goes to Jason without him nothing .
Thanks
John
Thanks for all the update. Good luck to you and congrats again.
OMG. Congratulations Jonh,
A new chapter in your life is valid now have a nice life
Congratulations John. You give me a bit of hope, even though I’m waiting in Texas service centre. I applied in August 2020 based on a grant of asylum. If a miracle happens anytime soon I’ll be sure to share.
Hey John , can you please share with us which office had your application , if you don’t mind?
Rais86 You can also read them from the previous post comments but John was saying
“Iam in Washington and the service center is Nebraska.
I applied my case in 2015 and last year my case was approved.
I applied for Adjustment status this year in July 2020
this morning (october 7 2020) my case shows it was updated and New Card Is Being produced.”
@ John
Congratulations.
Did you send it with your medical test?
Congratulations John!!!!
This is so amazing. I am applying next month and even though my application will probably go to the Texas center, it still gives hope.
Our application story is very similar. I am looking forward to hearing back soon regarding mine. Congratulations on this new chapter of your life in America.
Dear Jason,
I want to Withrow from my case, what should I do, and do I need an attorney for that or I can do it myself?
Thanks!
You can do it yourself. Email the asylum office and ask them how to do it (some offices have a form and they may want proof you left the US or received your green card some other way). You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason! God bless you!
Hello Jason. Can I travel outside of the US while my asylum application is pending? I heard about ‘advance parole’ (I-131), but it appears that pending asylum applicants may not get it, only people who got final asylum approval can get it. Please advise if I can hope to get it. My father is sick, and I do not plan to go to my home country. I will travel only to the third country. Thank you.
If your case is in Immigration Court, you cannot travel and return – leaving the US will be deemed a deportation and you may not be able to get back in. If your case is at the asylum office, you can try to get AP and if you have that, you should be able to travel and return (though be aware of any coronavirus-related travel restrictions). I wrote about AP on September 11, 2017 – maybe that article would help. Take care, Jason
Hi Jason. As I have mentioned some time ago, I have my asylum case at the asylum office, had the interview, and waiting for the decision. I also have I-485 AOS pending because EB-2 (which nobody knows if it will work, but still my fingers crossed). Because AOS is pending, I got AP. Can I travel outside the US, other than my country? Would this jeopardize my asylum case?
I do not know whether you would be eligible for a GC based on EB-2 (I wrote about that on August 28, 2018). As for AP, if you have it, you should be able to travel and return (but be aware of coronavirus restrictions). One issue: If the I-485 is denied, the AP will be invalid immediately. I do not know whether CBP will be aware of that when you try to re-enter, but if they are, it could cause real problems (like not getting onto the plane to come to the US, or if you make it here, being detained). These possibilities are probably not very likely, but they are possible if your I-485 is denied. So I would only travel if you really need to go. Take care, Jason
Thanks, Jason. I am aware of all your posts about this topic. I will update you as soon as I hear from AOS or Asylum case. I have been waiting for an Asylum decision for 15 months and for AOS waiting for 18 months. Just wanted to travel to see my father in a 3rd country when the pandemic allows it.
EB2 Seeker,
I am so excited I have seen your message,
I am planning to apply for EB2 NIW and I am having the same status here, Applied for asylum had my interview, and waiting for my decision for around 2 years. As I am maintaining my F1 status and about to finish my PhD. I started to think about EB2 NIW as an alternative. I need guidance. Can you answer my question and tell me more about your experience sahbalka@gmail.com is my email I will wait for your email if you are willing to share.thank you
If you are still in lawful F-1 status (including OPT), you can apply for EB-2/NIW and get the GC (assuming you qualify, of course). The normal strategy is to file the I-485 when you file the I-140 and other documents. That way, if your F-1 or OPT ends, and if the I-485 is pending, you can still get your GC in the US. Also, you can get an EAD/Advance Parole document (forms I-765 and I-131) while the I-485 is pending. This is helpful for many NIW cases, since premium processing is not available and it can take 1.5 or 2 years to get a decision. Take care, Jason
Hi EB2 Hope,
I think Jason provided all the information. If you are in lawful status, you should be good to apply for EB2 and AOS. My case is different because I don’t have another status, other than asylum applicant pending and it could be an issue when doing AOS. I know a few people which were able to do AOS having asylum applicant pending, but also heard some people were not able to.
I see, my request was about the EB2 NIW application. That is the part you could have some time for me. You may want to open a fake email account and communicate if you do not want to share anything personal and private about yourself. I will need to know about letters, argument tips, and experience with the EB2 NIW which are not related to the goal of this page
Hello
Doesn’t anybody know regarding EB2 NIW with pending asylum?
most lawyers say you need to leave USA to get Greencard once EB2 NIW approved.
Some lawyers say if your asylum case is affirmative and don’t have interview then it is possible to apply EB2 NIW and get greencard without leaving USA ?
Can someone clarify
Thanks
I think there is no clarity on this point. If you only have asylum pending status (and any other status has expired), you need to leave the US. There are some possible exceptions, but whether they would work in a particular case, I do not know – you would need to have a lawyer look into it. I wrote about this issue on August 28, 2018 and about leaving the US to get a GC on September 6, 2018. Take care, Jason
Hello Jason,
If someone granted asylum at an immigration court:
1- will he still need to renew his EAD to keep working? What about I-94?
2- What is the next step he needs to do after he granted asylum?
1 – You have to take some action after an Immigration Court grant in order to get the I-94 and the new EAD. I wrote about this on May 16, 2018 with links. 2 – See the post on May 16, 2018, as that explains what to do. Take care, Jason
Hi Jason, hope you are well
I got the I730 approval notification from USCIS 1 month ago for my family. USCIS will send the approval notification to Department of State for visa processing, but I have not yet received any updates or notification from the Department of State(NVC).
Do you know How can I contact with U.S. Embassy or How can I make an inquire, because I don’t have Case number yet and what should I say to U.S. Embassy ? I think If I send Email to Embassy now, they don’t know who I am
Thank you
hello ASYLEE
its been 10 month since we filed i730 my husband is in the usa
1. how long it took you to get approved since you filed i730?? or did you expidite ?
2. which service center
i checked processing time it was 11 to 14 month , now it’s 12 to 15.5 month soooo frustrating
thanks in advance ASYLEE and congrats for approval
You might try calling USIC at 800-375-5283 if you have a reason to expedite the case. Otherwise, as it is still within the (very slow) processing time, there is not much to be done. Take care, Jason
Hi
It took 18 months to get approval letter from Nebraska
I made two times inquiry because out of processing time
There seems to be delays these days sending the approved I-730s to the NVC. The NVC has an online form you can submit (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html). I am not sure it will help at this point since USCIS probably has not yet forwarded the case. Maybe a starting point is to call USCIS and ask them whether the case was sent to the NVC (800-375-5283). In terms of the embassy, you can Google the embassy page and find the email for the consular section, but until the NVC forwards the case to the embassy, I do not see any reason to contact them. Take care, Jason
Jason, thanks for sharing this. It is very disappointing that when I flew from my land, I did not care to collect evidences or any testimony from friends, family or experts. The only thing in my mind was to get out of my country without letting anyone else even get a small hint. Now, It has been more than 6 years here and everyone is left far behind who can help me. Even I am afraid if I get anyone’s testimony and if government / group get to know that I am getting help from my friend then my friend’s life can be in danger. It’s been so long time here that I can not even remember what was my barber’s name or the names of streets of my city. Just like it is said “Freedom doesn’t come FREE”.
I’m in the same boat as @RON. 6 years here and no interview so far. At this point it’s very hard to protect asylum case.
Your situation is not unique, but it is difficult. Nevertheless, you should try to get evidence – even if there are certain things you cannot get (like letters from friends back home), you should get what you can, as that is required under the READ ID Act, which governs asylum cases. I did a post on April 18, 2018 that may help. Take care, Jason
Dear Jason, Thank you for explaining the types of witnesses. It is very informative!
I collected fact witness letters from (family members and former colleagues) those who knew about my situation and part of my case two years ago. As my case has been pending for nearly five years and I don’t know when I may expect my interview – Will these witness letters remain effective/useful when I have interview after a year or two? Or you suggest to be prepared gathering revised letters from the same witnesses once my interview date comes? I hope shouldn’t be the latter as gathering witness letters is arduous process. It took me nearly three months to gather my witness letters.
For fact witnesses, I would just use the letters you have. If there are new facts or the letters need to be corrected, you can get new letters, but if they are describing events in the past, they should be fine. Even if they are a few years old by the time of the individual hearing. Take care, Jason